Morning Oregonian., January 01, 1902, FIRST SECTION, Page 3, Image 3

THE MORNING OEEGONIAN, WEDNESDAY, JANUARY 1, 1902.
titatlnent. To make the exploration as
Useful as possible Fremont determined to
Tary the route to the Rocky Mountains
Jrom that followed in 1842. The route
I vas then up the valley of the Great Platte
fRlver to the South Pass in latitude 42 de
grees. The route now determined upon
was up the valley of the Kansas River,
and to the head of the Arkansas River,
and to same pass in the mountains, If any
could be found at the sources of that river.
Fremont started from the little town of
Kansas, near the junction of the Kansas
and Missouri Rivers, May 29. 1843, and
reached Fort Hall September 22. October
9 he was at Fort Boise, and eight days
later he saw the Grand Ronde Valley In
Eastern Oregon, which he said, "May In
time form a superb country."
Fremon't land Journey ended at The
Dalles on November 4, and the remainder
of the trip to Vancouver was made by
canoe with the usual portage at the Cas
cades. Vancouver was reached on the
morning of the Sth, and Fremont accepted
Dr. McLoughlin's invitation to take a
room at the fort, "and to make myself
at home while I stayed." There were
many American Immigrants at the fort,
and others had already crossed the river
Into their land of promise the Willam
ette Valley.
Throngk Central Oregon.
Fremont hurried preparations for the
return trip, and on the 10th he started
back up the Columbia. The route se
lected contemplated a circuit to the south
and southeast and the exploration of the
great basin between the Cascades and
the Blue Mountains, or what Is now gen
erally known as Central Oregon. It fol
lowed very closely the 121st degree of
longitude, by way of Tygh Valley and
along the Deschutes River. Near the
California boundary which was reached on
December 26, Fremont's party came upon
a number of Indians suddenly, and well
nigh surprised them In their lodges. A
sage Are was burning, a few baskets
made of straw were lying about with one
or two rabbit skins, and there was a lit
tle grass scattered about on which the
Indians had been lying. The men gath
ered on the crest of a hill and ran like
deer when two members of the party
approached them.
They bad been 60 much pressed that a woman
and two children had dropped behind a sage
brush near the lodge, and when (Kit) Carson
accidentally stumbled upon her. she Immediate
ly began screaming In the extremity of fear,
and shut her eyes fast to ax old seeing him.
She was brought back to the lodge, and we
endeavored In vain to open a communication
with the men. By dint of presents and friendly
demonstrations she was brought to calmness.
li and we found that they belonged to the Snake
Nation, speaking the language of that people.
Eight or 10 appeared to liv e together under the
same little shelter, and they seemed to have
A no other subsistence than the roots or seeds
1 they might have stored up, and the hares
which live in the sage, and which they are
enabled to track in the snow and are ery
eklUful In killing. Their skins afford them a
little scanty covering. Herding togetheiamong
bushes and crouching almost naked over a little
sage fire, using their instinct only to procure
food, these may be considered, among human
beings, the nearest approach to the animal
creation. "We hav e reason to believe that these
had never before seen the face of a white man.
Fremont retuned to his starting point
July 30, 1844. after an absence of 14 months.
VOYAGES OP SPANIARDS
Disagreement "With England nnd tlie
Transactions at Xootlca Sound.
Spain followed up the discovery of
America and the conquest of Mexico and
South America by a long and eager search
for the Northwest Passage to India, This
search, was continued for nearly 300 years,
and at one time or other It was prose
cuted by seven of the leading nations
Spain, Portugal, France, England, Hol
land and Russia In the sixteenth, seven
teenth and eighteenth centuries, and by
the newly arisen United States in the
eighteenth century. This hunt or a
trade route to the far East caused many
vessels to be sent to the Pacific Ocean,
titiz. may be Bard to have been a con
tributing cause, If not the Immediate
cause, of the discovery and occupation of
Oregon.
After the death of Cabrlllo on the Cali
fornia coast In January, 1543, Ferrelo as
sumed command of the expedition sent
out by Mendoza, Viceroy of Mexico, and
headed the vessels northwest, reaching
latitude 43. according to some authorities,
and latitude 44, according to others. How
ever, the difference of one degree is not
essential, as both points are off the coast
of Oregon, and Ferrelo was the first to
reach sb 'high a latitude. Sir Francis
Drake, the English sailor, sailed along
the coast on one of his raids upon Span
ish shipping and Is supposed to have
come as high as latitude 4S degrees, but
his best mark probably was 43 degrees.
" "We pass now over the mythical voyages
of Maldonado and Juan de Fuca to the
sailing of Vlscaino's fleet from Acapulco,
May 5, 1C02, pursuant to an order by Philip
II, and repeated by Philip III, for a sur
vey of the Pacific Coast Vlscaino pro
ceeded as far north as latitude 42. but one
of his vessels, commanded by Martin de
Agullar, reached latitude 43, off the coast
of Oregon, and found "where the land
formed a cape or point," which was
named Cape Blanco.
From the time Agullar's little vessel
conveyed her afflicted crew back to Mex
ico in 1603, more than a century elapsed
before another voyage was attempted.
Bering, a Danish navigator, came with a
Russian commission. In 1728, but neither
in going nor returning through, the straits
that bear his name did he see the -coast
line of America. Bering and Tchlrlkof
sailed from the Bay of Avatscha June 4,
1741. Tchlrlkof accomplished nothing, but
Bering came down to the latitude of the
Columbia River. How close he ap
proached to the Oregon coast is not
known.
Russia's activity In the North Pacific
aroused Spain once more, and a series of
explorations by sea was begun. On Jan
uary 25, 1774, the corvette Santiago left
San Bias, In command of Perez, and
sailed as high as 54 degrees north lati
tude, but beyond bartering to advantage
with the natives, and ascertaining the
exact latitude of Cape Mendocino, It ac
complished nothing.
In 1775 the Santiago, commanded by
Heceta; the Sonora, commanded by De
Ayala, and the San Carlos, left San Bias
with instructions to proceed as far north
as the 65th parallel. At Monterey De
Ayala was transferred to the San Carlos
and Lieutenant Juan Francisco de la
Bodega y Quadra succeeded to the com
mand of the Sonora. It was on this voy
age that Heceta discovered the Colum-
I bla River. This was the first time the
coast of Oregon was actually explored by
Spain of any other nation, being one year
later than the first publication of Jona
than Carver's book, containing the name
"Oregon," and 19 years after the Journey
.of "which the volume treated. It was 13
years before Jefferson set his eyes this
way, 17 years before Gray entered the Co
lumbia, ar.d 2S years before Lewis and
Clark started for the great "West. Bodega
sailed as far north as 5S degrees. He land
ed August 24 In a little harbor on the
west coast of Cape Prince of Wales Isl
and, and took possession of the country
for Spain.
Nootka Sound Convention.
Kendrick's arrival In Nootka Sound with
two Boston trading vessels, and the traf
ficking of the Englishman Meares with,
the natives moved Spain to a bold stroke
for the territory she thought she was en
titled to north of the 42d parallel. An ex
pedition set out from San Bias In March,
17SS, and reconnoitered the coast In the
leisurely Spanish fashion, and a report of
the ecroachments of the Russians was
sent to Madrid. The Spanish court pro
tested to the Russian court, but nothing
came of the exchange of notes. Early in
17S9 the Mexican Viceroy sent two vessels
to Nootka Sound to take possession of
the port in the name of Spain. This was
done May 6, without protest from the Eng
lish or American captains In the harbor,
or from the captain of Meares' vessel, the
Northwest America, which flew the Por
tugues'e flag. The arrest of Captain Col
nett, a Britisher, and the seizure of Us
vessel the Argonaut, by the Spanish,
brought on the crUls.
Madrid conveyed the first intelligence
of the situation in the Northwest In an
arrogant and undiplomatic note, delivered
to the British Cabinet February 10, 1790.
It informed George III that certain of his
subjects had been trespassing upon the
Pacific possessions of Spain, and that in
consequence the Argonaut had been
seized as a prize and her crew made pris
oners. The note closed with an assertion
of Spain's exclusive right to trade in the
Northwest, and a demand that King
George keep his subjects away from the
coast. England replied In a belligerent
note, denying Spain's claim of exclusive
rights and demanding heavy damages
for the seizure of the Argonaut. The ne
gotiations were carried on for over two
years, Spain modifying her conditions of
settlement In the face of England's de
termined attitude, England now haughty,
as she recognized her ability to strike
Spain In her vulnerable point the Amer
ican possessions and finally less exacting
when she saw that France might be
drawn into the war. The trouble was
settled by what is known as the Nootka
convention of October 28, 1790. It was
stipulated in this treaty that all buildings
and tracts of land on the Northwest Coast
of America, of which Spanish officers had
dispossessed British subjects should be
restored- that just reparation should be
made by both parties for any acts of vio
lence committed by the subjects of either
upon the subjects of the other; that any
property seized should be restored or
paid for; that subjects of Great Britain
should not approach within 10 leagues of
any part of the Coast already occupied
by Spain, and that north of that point
both parties should have equal rights as
well as south of the limit of Spanish set
tlement in South America.
EnKllxh-Spanlah Treaty of 1704.
"While Captain George Vancouver was
on his way to Nootka as the represen
tative of Great Britain to come to some
understanding with the Spaniards under
the convention of 1790, and to find an ln
teroceanlc passage, the Viceroy of Mexico
made a final effort to determine by ex
ploration the value of Nootka as a foun
dation for a Spanish settlement. It is
unnecessary to encumber the narrative
with the details of this examination be
yond saying that the Viceroy, Revllla
Glgedo, recommended In April, 1793. that
a station so far north rs Nootka was not
necessary for the protection of Spanish
Interests. In the meantime the Spanish
Lieutenant Quimper entered the Straits
of Fuca for the first time and discovered
Puget Sound, which he mistook for an
inlet. Vancouver made a careful exam
ination of the coast, and thoroughly ex
plored Puget Sound, taking possession of
the country for England. Vancouver and
Quadra, the Spanish negotiator, could nof
agree upon terms at Nootka, the Eng
lishman demanding unconditional surren
der of the port, and Quadro refusing to
yield. It was decided to maintain the
status of affairs at the north and submit
tne question to adjudication at London
and Madrid. An agreement was signed
at Madrid January 11, 1794, and the terms
of it -were carried out at Nootka March
23, 1795, by Lieutenant Thomes Pierce, as
the representative of Great Britain, and
General Alava. as the representative of
Spain. It contained the following ex
plicit language:
Then the British officer shall unfurl the Brit
ish flag oer the land (the small tract of which
Meares had been dispossessed), thus restored
as a fIgn of possession, and after these formal
ities the officers of the two crowns shall retire
respectively their people from the said port of
Nootka. And their aid majesties have further
more agreed that the subjects of both nations
shall be free to frequent the said port as may
be convenient, and to erect there temporary
buildings for their accommodation during their
residence on such occasions. But neither of
the two parties shall make in said port any
permanent establishment, or claim there any
right of sovereignty or territorial dominion to
the exclusion of the other. And their said
majesties will aid each other to maintain their
subjects In free access to the said port of
Nootka against whatever other nation may at
tempt to establish there any sovereignty or
dominion.
Spain transferred nothing but a small
patch of ground. She surrendered no
rights until she surrendered all her rights
on the Pacific Coast north of 42 degrees,
to the United States In 1819.
ENGLISH EXPLORATIONS.
Voyajres of Vancouver and MncUen
zic "Were the Most Important.
English exploration began when Sir
Francis Drake, in the voyage of 1577-80,
passed the Strait of Magellan and fol
lowed tho coast to Northern California
or Southern Oregon, naming the country
New Albion. Then came Captain James
Cook, who anchored in Nootka Sound,
which the Spaniard Perez had entered a
few years before. James Hanna, an
Englishman, secured a load of furs at
Nootka Sound about 17S5 and sold the
cargo in Canton. Next In order was the
King's George's Sound Company, and Its
failure in the fur business between Noot
ka Sound and China, 1785-87. Then came
Meares, first In the service of the East
India Company, and then oh his own
account, with the voyage of Captain Bar
clay, or Berkeley, who, In all probability,
discovered the Straits of Fuca, in be
tween. England's explorations on this coast
suffered a reverse in the murder of Cap
tain Cook In the Hawaiian Islands, the
death of Captain Charles Clerke, the next
In command of the Cook expedition, and
In the fact that she was at war with her
American colonies when Cook's ships re
turned home In 1780. Cook sailed with two
vessels from Plymouth July 12, 1776. 12
days after the colonies had declared their
Independence. He was Instructed to first
reach the coast of New Albion, for such
ttie English still called California, and
was strictly enjoined on his way thither
not to touch upon any part of the Span
ish dominions on the western continent of
America, unless driven to It by some un
avoidable accident, in which case he
should stay no longer than should be ab
solutely necessary, and to be very care
ful not to give any umbrage or offense
to any of the inhabitants or subjects of
His Catholic Majesty (of Spain). And ir.
In his further progress northward, he
should meet any subjects of any European
Prince or state (referring to the Rus
sians) upon any part of the coast which
he might think proper to visit, he was
not to disturb them or give them just
cause of offense, but, on the contrary,
to treat them with civility and friend
ship. He was also Instructed to exam
ine the eoast thoroughly, and, "with the
consent of the natives, to take possession
In the name of the King of Great Britain
of convenient stations in such countries as
he might discover that had not been al
ready discovered or visited by any other
European power, and to distribute among
the inhabitants such things as would re
main as traces of his having been there:
but if he should find the countries so dis
covered to be uninhabited, he was to take
possession of them for his sovereign by
setting up proper marks and descriptions
as first discoverers and possessors."
The net results of Cook's voyaging along
the coast may be summarized as follows:
On March 7, ln8. he saw the coast of
Oregon in the vicinity of the Umpqua
River and a little later Cape Flattery, In
Washington, and later still he entered
and named Nootka Sound. After coast
ing along the northern seaboard he went
to the Hawaiian Islands.
Vancouver's exploration of Puget Sound
and elsewhere, supplemented by Sir Alex
ander Mackenzie's trip from Canada by
land and water to the Pacific, undoubted
ly gave Great Britain a base for the
claims sho put forth on the Northwest
coast. Mackenzie, after his trip down the
Mackenzie River to the Arctic Ocean,
started October 10, 1792, in a birch-bark
canoe, with a few fellow-voyagers, on a
search for a route to the Pacific He fol
lowed up Peace River to longitude 121, and
then, crossing the summit of the moun
tains, came up the waters flowing toward
the Pacific. He thought it to be the
fniiimbla River, as Simon FrasM thoueht
when he saw It 13 jears later. Mackenzie
the Pacific Ocean July 22, 1793. Proceed-
lng southwesterly, ho reached Point
Menzrs, on the coast, shown by Van
couver on his map, and then, exploring
the Burke and Dean canals, he jour
neyed up the Cascade Canal.
RUSSIAN PRETENSIONS.
Origin of the American Claim.
to
54:40, North Latitude.
Russia's nlans on the West Coast,
founded upon exploration, were dis
closed to the Government by J. B. Pre
vost, the American Commissioner sent
out by the President to receive the formal
delivery of Astoria from the British. On
his way home In the Fall of 1813 he
stopped at the Port of Monterey In Cal
ifornia, and wrote a long report of his
mission, describing Oregon and Its cli
mate, soil and physical features, closing
with an account of an incident which
he thought most serious. Until 1816 the
A great-granddaughter of Sacajawca, the "Bird "Woman." who filled an Important place In the Lewis and Clark expedition,
lives In Clackamas County, Or. Although only a squaw of the Shoshone tribe, captured when a child and carried as a
slate to the Mandan country, and purchased by the Frenchman Chaboncau for a wife. Sacajawea was one of the spirits of the
party. She canoed and trudged and climbed as well aa any man In the expedition. Interpreted when her husband could not,
and at critical times gae suggestions and advice which the chivalrous captains weighed at Its true alue. They were not
afraid frankly to acknowledge their debt to her, and they speak highly of her In referring to their parting at the Mandan towns
In 1S00.
Russians, he said, had no settlement
south of 55 degrees. But In that year,
excited very probably by the glowing de
scriptions of Humboldt, they had estab
lished two colonies of an Important char-
acter. One was at Atooi, In the Sand- j
wlch Islands, and the other on the Cali
fornia Coast a few leagues from San
Francisco. Only two days before he
reached Monterey two vessels" left that ,
town for the Russian settlement carry- j ain had protested against the Russian
ing to Ijt Implements of husbandry and ukase, and had In like manner been ln
mechanics of every sort. So plain an vited to an amicable negotiation for the
intention to acquire a site on the shore , adjustment of the claims. It was sup
of the Pacific by a race just emerging posed that as England and America had
from savagery ought surely, Mr. iPrevost
thought, to excite the serious apprehen
sion of the United States.
Floyd's report on Oregon and his bill
for the occupation of the Columbia RIv-
er had been pending in the House for a j and that authority to act Jointly was ory concerning the 49th parallel, and Ad
year when, in February, 1S22, the Chevalier not likely to be given to him, Mr. Middle- ams, commenting on the American claim,
Pierre de Politica, the Russian Minister, I ton began the negotiation on behalf of j wroteon July 22, 1823: "The right of the
placed a most alarming document In the I the United States by offering 55 degrees United States from 42d to 49th degrees
hands of the Secretary of State. It was as a boundary line of demarcation. Rus- I on the Pacific we consider as unquestion-
t
LEWIS AND CLARK'S ITINERARY, TABULATED. :;
i -i
MONTH. YEAR PLACE. !? REMARKS. f
: O
;; jr3 . ::
o May 14 1804 Left mouth of Missouri River 0
June 26 1804 At mouth of Kansas River 340 I -
July II 1804 At moutn of Platte River GOO .
July 30 1S01 At Council Bluff 630 Not Council Bluffs, la. .
Sept. 20 1804 At Big Bend of Missouri River 1172 Below Pierre. S. D.
Nov. 2 1S04 Arrived at Fort Mandan 1000 Below Knife River, S. D., .
o April 7 1805 Left Fort Mandan 1600 where they passed Win-
. April ifi 1803 At mouth of Yellowstone River ISM) ter.of 1S01-1S05.
June 2 1805 At mouth of Maria's River 2521 .
,, June 16 1805 At Portage Creek, Gt. Falls, Mont. 2573
,. July 23 1805 At Three Forks t)f Missouri River. Gallatin Valley. Montana.
o Aug. 12 1S05 At headwater of Missouri River 30S-G "Fountain," or spring, at
head of Jefferson Fork
i (Beaverhead) of Mis-
sourl River.
Sept. 9 1805 At mouth of Lolo Creek Bitter Root Valley, Mont.
Oqt. 10 1803 At mouth of Clearwater River 2567 Idaho.
Oct. 16 1805 At mouth of Snake River 3721
Oct. 30 1805 At cascade of Columbia River 3950
Dec 7 1805 Arrived at Fort Clatsop 4125 On Lewis and Clark River.
Mar. 23 1800 Left Fort Clatsop 4135 Or., where they passed
Winter of ISOo-lSOo.
April 27 1806 At mouth of Walla Walla River .. Washington.
4 June 30 1806 At mouth of Lolo Creek ,
Aug. 3 1805 At mouth of Yellowstone River Captain Clark's party via
Three Forks. "
Aug. 7 1806 At mouth of Yellowstone River Captain Lewis' party via
Great Falls, Mont.
Sept. 23 1806 Arrived at St. Louis.
.
I
. -
r
an edict of the Emperor Alexander and It I
set forth that the pursuits of commerce,
whaling and fishing, and, Indeed, of all i
other Industries, whether on the islands ,
or In the ports and gulfs of the North
west Coast of America, from Behrlng i
Straits to 51 degrees were exclusively
granted to Russian subjects. Foreign
vessels were forbidden therefore, not
only to land on the coast and islands, but I
even to come within 100 Italian miles of
them. I
So unexpected nn attempt to define the
boundary of the two countries aroused
President Monroe, who demanded of the
Russian Minister the grounds upon which
It was based. Polltlca answered that tho
Russians had long maintained a settle
ment at Novo Archangelsk, In latitude
67, and that 51 degrees was about midway
between Novo Archangelsk and the
mouth of tho Columbia. The restriction
forbidding an approacn to tne coast was in Texas which were based upon perma
laid in order to keep out foreign ad- nent settlement or which, Spain recog
venturers who, not content with carry
ing on an illicit trade injurious to the
Interests of the Russian-American Fur
Company, had supplied arms and am
munition to the natives of the Russian
i possessions In America and Incited them
to revolt. Against these documents
Secretary Adams protested, but Polltlca
cut short the discussion by the state
ment that he had no authority to con
tinue It
An Invitation from Russia to negotiate
the- difference was accepted by the United
States and the subject was referred to
Henry Mlddleton. the American Minister
GREAT-GRANDDAUGHTER OF SACAJAWEA.
at St. Petersburg. He was Instructed
to admit no part of the Russian claims,
but to base those of the United States
on the Spanish treaty of 1819, which se
cured all tho rights and pretensions of
Spain to the coast north of 42 degrees;
on the discovery of the Columbia River
by Gray, on the exploration of the coun
try by Lewis and Clark and on the settle-
ment of Astoria. Meantime Great Brit-
held the Oregon country In joint occupa-
tlon, the two countries would carry on a
Joint negotiation with Russia. But
when it was found that the British envoy
had power to discuss but not to agree.
sia.then offered 54 degrees, and 40 minutes,
which was accepted and incorporated In
the convention signed on April 1S24.
BOUNDARY SETTLEMENTS.
Neither Oregon Xor Texas Was In the
Louisiana Purchase.
Upon no aspect of the great expansion
of the United States In the past century
has more thought and investigation been
bestowed than upon the, subject of the
boundaries of annexed territory. For a
long time both the Oregon country and
Texas were included within the Louisiana
Purchase, but the weight of historical
authority Is against this opinion. France,
which owned Louisiana and shifted it
about at will on the chessboard of owner
ship, never had a shadow of title to the
Oregon country, and never had any rights
nized. The eastern boundary of Louisi
ana was the Mississippi River to the
Iberville, and the Lakes Maurepas and
Pontchartraln to the Gulf of Mexico. The
southwestern boundary of the Louisiana
region is marked by the line of the Ar
kansas, the Red and the Sabine, as laid
down in the Florida annexation treaty of
1819. Notwithstanding that the bounda
ries are generally accepted as outlined
above, so eminent an authority aa the St.
Louis Globe-Democrat declared last July
that the western and southwestern boun
dary of Louisiana was the Continental
Divide and the Rio Grande. "Not a single
Photo by Lee Moorhouse.
person," It said, "put any of the Oregon
country In It. Not one leaves Texas out
of It."
The United States Government Is to
blame for the error of Including the Ore
gon country In Louisiana. This was dono
In the official census map of 1870, and
repeated In tho map of 1SS0. Prior to this
Monroe had. In 1S04. maintained that
Commissioners appointed under the treaty
of' Utrecht in 1713 had adopted the 49th
parallel as the boundary between English
and French possessions in America. There
Is no pvidence, either In the French, or
tho British archives, of the appointment
of any such commission. Irreconcilable
differences, as has been abundantly
shown, prevented any determination of
the boundarv auestion. When "Mnnrne
I became President he adhered to his the-
able." Calhoun, when Secretary of
State, founded the right of the United
States to Oregon upon "our own proper
claims and those we have derived from
France and Spain. We ground the for
mer as against Great Britain on priority
of discovery and priority of exploration
and settlement. ... It (the Louisiana
Purchase) also added much to the strength
of our title to the region beyond the
Rocky Mountains by restoring to us the
important link of contiguity westward
to the Pacific, which had been surren
dered by the treaty of 1763." The claim of
contiguity was not well founded at Inter
national law, for the reason that there
was between the Oregon country and the
Louisiana region natural boundaries
which physical geography pointed out
"ranges of mountains, the great rlver3
draining large basins." It was evidently
Inferred from a few French maps which
Included Oregon In Louisiana. It was
not related to any claim that France be
fore or after the cession of Louisiana to
the United States ever made to the Ore
gon country.
Wa a Jfevr Country Until Gray Came.
The Oregon country north of the 4-'q
parallel to the Straits of Juan de Fuca
was a new country until Captain Gray
entered the Columbia In 1792 and won for
the United States title to the North Pa
cific Coast. Exploration by Lewis and
Clark, followed by the Astoria settle
ment, completed the American chain of
title. England recognized the validity of
the American claims when she jestored
Fort George (Astoria) after the War of
1S12, and Spain gave evidence In 1819 that
she had claims In .the Northwest Coast
when she surrendered her rights north
of the 42d parallel. The United States, In
accepting these claims from Spain, tacit
ly admitted that Spain had something to
transfer.
A glance at the terms of the various
transfers of the Louisiana region Is enter
taining. The first change of soverelgnty
wa3 the treaty of November 3, 1762, In
which France ceded the region to Spain.
Much of misconception of boundaries on
the part of men In Jefferson's time arises
from the fact that the full conditions of
( the treaty of 1762 were not made known
In the United States for over 70 years
afterward. The granting words are:
HIa Most Christian Majesty cedes In entire
possession, purely and simply, without excep
tion, to His Catholic Majesty and his succes
sors In perpetuity, all the country known un
der the name of Louisiana, as well aa New
Orleans, and the Island on which that place
stands.
The treaty of San Udefonso, in whlcti
Spain returned Louisiana to the sover
eignty of France, was signed October 1,
1800. The specific words of retrocession
follow:
His Catholic Majesty promises and engages
on his part to retrocede to the French Repub
lic .. . the colony or province of Louisiana,
with the same extent It now has In tho hands
of Spain, and that- It had when France pos
sessed It. and such as it should be after tho
treaty subsequently entered Into between Spain
and other states.
The treaty of April SO, 1803, by which
France ceded Louisiana to the United
States, gives the following lndeflnlto
boundaries:
Article 1. "Whereas, by article 3 of tho treaty
concluded at St. Ildcphonso, October "1. 1S00.
between the First Consul of the French Repub
lic and His Catholic Majesty, It was agreed as
follows: "His Catholic Majesty promises and
engages on his part to rctrocedo to the French
Republic, six months after the full and entire
execution of the conditions and stipulations
herein relative to His Rojal Highness, tho
Duke of Parma, the colony or province of Loui
siana, with the same extent that it now has In
tho hands of Spain, and that it had when
France possessed it. and such as it should be
after the treaties subsequently entered Into be
tween Spain and other states." And whereas,
In pursuance of the treaty, and particularly of
the third article, the French Republic has an
Incontestable tltlo to the said territory, tha
First Consul of tho French Republic, desiring
to gle to the United States a strong proof of
his friendship, doth hereby cede to tho said
United States, In the name of thr French Re
public. foreer and In full sovereignty, the
said territory, with all its rights and appur
tenances, as fully and In the came manner as
they had been acquired by the Trench Republic.
In virtue of the above-mentioned treaty.
How Spain Governed. Louisiana.
Two important facts to be borne In mind
are that at no time while Spain held
Louisiana did It merge that region Into
Texas, or Texas' into Louisiana; botn
were governed as separate provinces. At
no time did France attempt to Include
Oregon In Louisiana, and after Louisiana
had passed to the United States, Talley
rand took particular pains to quiet the
Spanish court on the score of American
plans on the Northwest coast. As the
description In the treaty of 1803 was
vague. Marbols, who conducted the ne
gotiations for France, resrretted to Na
poleon the obscurity In which so Im
portant a reference was made. This did
not trouble the conscience of Napoleon,
who replied that "if an obscurity did not
already exist it would, perhaps, be good
policy to put one there." Talleyrand
could not be induced to define even the
eastern boundary, which was more Im
portant to the United States at that time
than tho western limit, and to Living
ston's remark that "you mean that we
shall construe it our own way," he re
plied: "You have made a noble bargain
for yourselves, and I suppose you will
make the most of it." John R. Flcklen,
In an address on the Oregon boundary,
delivered before the Louisiana Historical
Society In April, 1893, advanced the the
ory that "Napoleon doubtless meant that
the United States was In a position to
obtain the upper hand In any negotiations
that might arise over Its territorial lim
its." At this time Napoleon was aware
of the discovery of the Columbia by Gray
and of the trouble beween the Englisn
and the Spaniards at Nootka Sound. Ho
knew that sooner or later tho United
States, Spain, England and Russia would
become involved in boundary disputes on
the western coast of America, and the
obscurity was thrown In to keep the
European nations, particularly England,
busy away from home. How well he suc
ceeded history testifies In the war with
Mexico over Texas, and the close call
from warwith Great Britain over Oregon.
The 49th parallel as a boundary in Its
relation to Oregon was npt finally settled
until the treaty of Washington In 1S71.
after having been up in some way or an
other for 63 years. "It was." as Ficklen
has well put It, "a debatable question
from tho beginning, and very generally
has It been recognized as such by tho
leading historians of the country."
Jefferson stoutly Insisted that Texas
was a pa'rt of Louisiana, but he never
included Oregon in that purchase. In
nls letter to Breckenndge, August 12,
1S03. he said:
The boundaries, which I deem not admitting
question, are the highlands on the western side
of the Mississippi. Inclosing all Its waters, the
Missouri, of course, and terminating In the
line drawn from the northwestern point of tha
Lake of the Woods to the nearest source of
the Mlsslsdlppl. as lately settled between Great
Britain and the United States. "We have some
claims to extend on the seacoast westwardly
to the Del Norte or Bravos. and better, to go
eastwardly to the Rio Perdldo. between Mobile
and Pensacola, to the ancient boundary of
Louisiana.
Jeffemon and the Oregon Boundary.
Jefferson was more certain about the
eastern boundary than the western, and,
too, more solicitous, for he wrote to Wil
liam Dunbar in March 1S04. that "how ever
we may compromise on our western
limits, we never shall on the eastern."
His letter to Melllsh, the geographer, on
December 31, 1816, separates the Oregon
country from the Louisiana Purchase,
but it makes the mistake, common at
the time, of stating that the 49th parallel
had been adopted under the Treaty of
Utrecht as the line between the French
and English possessions. The letter fol
lows: By the charter of Louis XTV (to Crozat), all
the country comprehending the waters which
flow Into the Mississippi was made a part of
Louisiana. Consequently, Its northern bound
ary was the summit of the. highlands In which
Its northern boundaries rise. But by the tenth
.article of the Treaty of Utrecht, France and
Kngland agreed to appoint commissioners to
settle the boundary between their possessions
in that quarter, and these commissioners set
tled It at the 40th degree of latitude. . . .
This, then, Is the true northern boundary of
Louisiana. The western boundary of Louisiana
Is. rightfully, the Rio Bravo (Its main stream)
from Its mouth to Its source, and thence alon?
the highlands and mountains, dividing the wa
ters of the Mississippi from those of the Pa
cific. ... On the waters of the Pacific, we
can found no claim In right of Louisiana. If
we claim that country at all. it must be on
Aster's settlement near the mouth of the Co
lumbia, and the principle of the Jus gentium
of America, that when a civilized nation takes
possession of the mouth of a rler in a new
country, that possession is considered as In
cluding all Its waters. ... The line of lat
itude of the southern source of the Multnomat
(Willamette) might be claimed as appurtenant
to Astoria.
Talleyrand allayed the fears of tho
Spaniards over the transfer of Louisiana
to the United States, and recognized the
rights of the Spaniards on the Pacific
Coast when he wrote to the Court of
Madrid, August 31. 1804:
In any case, the Court of Madrid would havo
no ground for the fear It shows that the United
States would make use of their possession of
Louisiana In order to form possessions on tho
northwest coast o America. "Whatever bound
ary may be agreed upon between Spain and
the United States, tho line will necessarily b
so far removed from the western coast of
America as to relieve the Court of Madrid
from anxiety on that score.
Talleyrand further explained what
France had transferred in his letter to
General Armstrong, December 21, 1801:
France, in giving up Louisiana to the United
States, transferred to them all the rights over
that colony which she had acquired from Spain;
she could not. nor did she wish to. cede uny
other; and. that no room might be left for
doubt In this respect, she repeated. In her
treaty of April 30, 1S03. the literal expressions
of the treaty of St. Udefonso, by which she
had acquired that colony two jean before.
Now it was stipulated. In her treaty of tho
vear 1801. that the acquisition of Loutslana by
France was a retrocession; that Is to say, that
Spain restored to Fran what she had received
from her In 1762. At that period she had re
ceived the territory bounded on east by tho
Mississippi, the River Iberville and the Lakes
Maurepas and Pontchartraln: the same day
France ceded to England, by the preliminaries
of peace, all tho territory to the eastward. Of
this Spain had received no part, and could,
therefore, give back none to France.
Marbols" history of Louisiana, which
was published in 1S29, proved conclusively
that Oregon was not in the Louisiana
Purchase. In the face of Marbolos' denial
It can hardly be maintained that Franco
had any good claim to the possession of
the region west of tho Rockies. Nor
did Spain ever found her claim to any
portion of that region on the transfer of
Louisiana to her by France In 1762. Mar
bols said:
According to ancient documents, the bishop
ric of Louisiana was to extend to the Paciflo
Ocean, and the diocesan limits thus laid down
were not subject to dispute. Eut these limits
were, at best, a matter of expectation or hope,
and the savages of those regions never had jl.
suspicion of the spiritual Jurisdiction to b
exercised over thm. Besides this spiritual
Jurisdiction had naught in common with thoj
question of dominion or ownership.
The charter given by Louis XIV to Crozat
Included all the countries watered by tho riv
ers which empty directly or indirectly into tho
Mississippi. "Within this description comes tho
Missouri, a rlv er that has its sources and manj'i
of Its tributary streams at a little distance
from the Rocky Mountains. Tho first articlo
of the treaty of cession to the United States
meant to convoy nothing bejond them, but tho
settlement In the Interior, which has resulted
from It. and tho ono on the Pacific Ocean at(
the west havo mutually strengthened each oth
er. The shores of the western ocean wero cer
tainly not Included In the cesion, but tho
United States are already established thero.
Theory of the 49tU Parallel.
The theory of the 49th parallel, to which
Monroe. Jefferson and Caleb dishing
clung so tenaciously, was filled full of
holes by Greenhow, who wrote in 1844:
In the absence of more direct light on tho
subject from history, we are forced to regard
the boundaries indicated by Nature namely,
the highlands separating the waters of tho
Mississippi from those flowing Into the Pacific
or the California Gulf as tho true western
boundaries of Louisiana ceded by France to
Spain In 17C2. retroceded to France In 1S00,
and transferred to the United States by Franco
In 1S03.
Bancroft routed Cushlng and Monroe
and sustained Greenhow when he wrote
In his history In 1SSS:
Cushlng Is wrong: so Is Monroe, and Green
how Is right. An exhaustive research was
made at my request In tho British Foreign
Department and In tho record office, with the
result that no lino was agreed upon. Louis
iana was held by the French to extend at tho
west and south to tho River Del Norte; th-
boundary line of French pretensions in disre
gard of the claims of Spain crossed the Rocky
Mountalns and sought a termination In tho
Gulf of California. At tho Northwest, where
It met the possessions of the Company of Hud
son's Bay, the British Commissioners Bladen
and Toung Pultcncy, who repaired to Paris to
adjust the boundaries, met Irreconcilable differ
ences, and no attempt was made to run a lln.
It Is clear from what has been shown
and the quotations that have beott mauo
that tho claim that Louisiana, previous
to 1762, Included the Oregon Territory
was a claim that France could never
have legitimately made for herself, but
which the United States Commissioners?.
Gallatin and Cushlng, made for her after
the purchase of 1S03. Nor was It a claim
that ever was acknowledged by Spain.
Let us see, then, upon what grounds
Spain, rested her claim to the Oregon
region. This claim, as Ficklen showed
In his address before the I.ouisiana His
torical Society, rested upon vojages of her
mariners to the Paciflo Coast In 1543, 1392,
1G03, lu4 nnd lio. Occupation of any
portion of this Western country, however,
"had never passed 42 degrees, the pres
ent northern boundary of California, and
thus it will be seen that Spain had not
completed her title to the Oregon Terri
tory. Nevertheless, she held that sho
had as good a claim as any other nation,
and when In 1787 (1789) she discovered
some British ships In Nootka Sound, sho
promptly seized them as Intruders. Tho
matter, however, wa3 settled In the so
called Convention of Nootka In 1790. This
convention was a compromise. Spain did
not quitclaim her title to Oregon, but
left the question of dominion over tho
region In abeyance, nnd agreed with
Great Britain that both nations should
navigate and fish as well as trade freely
In the region and make settlements. Great
Britain had also advanced claims of dis
covery on the Pacific Coast, and this con
vention tacitly acknowledged that they
were worthy of consideration. It Is truo
that the convention was abrogated in 1S07
by war between the two countries, but
In 1814, 11 years after the United States
purchased Louisiana, it was actually re
newed, and I do not find that at this time
the United States mado any protest
against this renewal of a bargain be
tween Spain and Great Britain to trade
in this Western region and make settle
ments there. Finally, in 1819, when Spain
sold Florida to the United States, she
transferred at the same time, as we havo
seen, all her claims to the Oregon Ter
ritory north of 42 degrees parallel. This
shows clearly that Spain still maintained
these claims, and in accepting them the
United States tacitly admitted that thty
werc worthy of consideration."
Real Boundary of Old Oregon.
The Oregon Country, as defined by a
conference of Government officials, con
vened last Summer at the request of Di
rector Merriam of the Census Bureau, is
set apart from any connection with tho
Louisiana Purchase. It is held to Include
all of the present States of Oregon.
Washington and Idaho, part of Western
and Southwestern Wyoming, taking in
the Southwestern part of the Yellowstone
National Park, and Western Montana, In
cluding the present cities of Anaconda
and Missoula. Wyoming lies partly in
the old Oregon Country, partly in the
Louisiana Purchase, partly In Texas, as
annexed In 1845, and partly In the Mexi
can Territory ceded in 1S4S.
As to the Oregon Country, the confer
ence found nothing in history to warrant
mention of the claim of Spain, rather than
that of Great Britain. Tho final settle
ment of tho question of sovereignty and
boundaries by the treaty of 1846, fixing
the 49th parallel "by an amicable com
promise" as the northern boundary west
of the Rocky Mountains, seemed to be a
recognition by the United States of the
importance of the British pretensions suf
ficient to warrant mention on the map
prepared by the Census Bureau at the
conclusion of the conference. The Florida
cession treaty of 1819 had already served
as a conclusive relinquishment by Spain
of any claim in this quarter. The con
ference, considering these facts together
with the historical narrative of discovery
and occupation of the northwest coast
of America, and the part played in the
ISth century hy traders explorers and set
tlers from the United States within the
territory known under the name of Ore
gon, decided to place as a legend on the
V